Attorney reveals why employers get sued for overlooking depression as a disability

Stress, job insecurity, and workplace conflicts are common triggers for depression in employees. In such cases, those struggling with mental health need support, particularly from their employers. Labor and employment lawyer Paige Sparks, known as @lawyerpaige on TikTok, has made it her mission to help victims of toxic work environments by holding employers accountable through legal action.

In a viral TikTok video, Sparks explained how depression is often overlooked when discussing disabilities. She emphasized that under the Americans with Disabilities Act (ADA), clinical depression is legally recognized as a disability. "Unfortunately, many people don’t see depression as a disability, especially if they haven’t experienced it. But it is, and you can request reasonable accommodations from your employer,” the St. Louis-based lawyer explained.

In a follow-up video, Sparks shared insights into suing employers for what she described as disability discrimination. “I love suing employers that don’t care to follow the law, or they think it doesn’t apply to them because they get really upset when I get involved,” she said. The lawyer, who also has a social media presence, told her 1.8 million followers that she is representing a victim of discriminatory practices at a company.

While highlighting that she was fighting a case for someone who, according to the attorney, faced disability discrimination, Sparks said her client was recently fired from their job. She explained, “It is not because they can’t work or they needed accommodations, but it’s because their employer decided that their disability prevented them from working when nothing happened.”

Additionally, the lawyer believes that it is a case of “perceived disability discrimination,” and that there is no reason to stop her client from working. The legal expert was recently featured on the ‘The End is Near, So Let’s Drink Beer’ podcast, where she elaborated on “perceived disability.” The co-founder of Sparks Law Firm told the moderator that her “most common one (cause) is disability discrimination. A lot of employers don’t realize what can be a disability.”

While talking about mental health stigmas at workplaces, the attorney said, “Like, depression can be a disability depending on how it affects your life.” Following this, she gave a real-life example by recalling one of her cases about an employer who was dismissive of depression. “I had a great lawsuit about that where the boss was like, ‘Oh, just man up! Be a man. Get over your depression. Everyone gets sad,’” Sparks said.

Moreover, the lawyer claimed that a lot of employers are not well-versed in disability laws and what constitutes them. Sparks also revealed the reason why cases concerning employer and employee conflicts are increasingly coming to the courts. “Cause a lot of employers are ignorant... smaller businesses especially, don’t know what their regulations are, what they should be doing, or they act first and ask questions later,” remarked Sparks at the end of the 39-second clip. She shared this as probably the reason why she “enjoys” taking on big wigs by suing them. 

Sparks’ “informative” video, which she describes as not “legal advice,” has managed to garner some 316,000 views online, with several viewers reacting to it. Among them, @bcoope wrote, “I don't even think most of them are ignorant of it; they simply just don’t care, or at least that’s how I feel.” Adding to it, @skullyg43 commented, “I think most employers know. However, they realize that most workers don’t know their rights or are too afraid to fight.” @papershoes_ wrote, “You can go on the Family and Medical Leave Act (FMLA) or short-term disability for mental health issues. I worked at a great company that was very accommodating. I always thought short-term disability was for things like broken bones or surgery.”

You can follow Paige Sparks (@lawyerpaige) on TikTok for legal content.